[2025:RJ-JP:36046] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1303/2021 Sanjay Choudhary S/o Sh. Richhpal Singh Choudhary, Aged About 21 Years, Resident of 62, Kha Sri Ram Nagar Vistar, Kalwar Road, Jhotwara, Jaipur. ----Petitioner Versus 1. The Union of India, through its Secretary, Ministry of Health and Family Welfare (Department of Health and Family Welfare), New Delhi, India. 2. The Medical Council of India, Through Its Secretary, Pocket 14, Sector-8, Dwarka, New Delhi. 3. The National Board Of Examination, Through Its Registrar, Medical Enclave, Ansar Nagar, Ring Road, New Delhi- 110029. 4. The Joint Director, The National Board Of Examination, Medical Enclave, Ansar Nagar, Ring Road, New Delhi- 110029. 5. National Medical Commission, Through Its Chairman, Pocket 14, Sector-8, Phase-I, Dwarka, New Delhi. ----Respondents For Petitioner(s) : Mr. Puneet Singhvi-Through VC Mr. Ishan Verma Mr. Mihir Jangid For Respondent(s) : Mr. Angad Mirdha Mr. Ajay Shukla with Mr. Raghav Sharma JUSTICE ANOOP KUMAR DHAND Order 08/09/2025 1. The instant writ petition has been preferred by the petitioner with the following prayer:- “By an appropriate writ, order or direction, the respondent may kindly restrained from rejecting the candidature of the petitioner for FMGE [2025:RJ-JP:36046] (2 of 3) [CW-1303/2021] Examination December 2020 session in garb of not having the eligibility certificate issued by the MCI/NMC and may kindly be further directed to issue pass certificate to him for the above mentioned examination and respondents may kindly be directed to registered him as a Medical Practitioner. b. the respondents may kindly be further directed to issue the eligibility certificate in favour of the petitioner by setting aside the order dated 09.11.2018. c. Any other order or direction which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner; d. Cost of the writ petition be also awarded in favour of the petitioner.” 2. By way of filing this writ petition, a challenge has been led to the impugned action of the respondents by which the eligibility certificate has not been issued by the National Medical Commission (for short, ‘the NMC’) for the Foreign Medical Graduate Examination (for short, the ‘FMGE’) conducted in the month of December, 2020. 3. Counsel for the petitioner submits that the petitioner took the admission in the MBBS course from the Government Medical University of Semey, Kazakhastan in the month of August, 2015 but at the relevant time, the age of the petitioner was below 17 years. Counsel submits that after completing the MBBS course from the aforesaid university, the petitioner appeared in the FMG Examination in the year 2020 for getting eligibility certificate from the NMC. Counsel submits that inspite of appearing in the aforesaid examination, the NMC has not issued the eligibility certificate of the petitioner to practice as a medical practitioner. Counsel submits that this Court vide order dated 02.07.2025 [2025:RJ-JP:36046] (3 of 3) [CW-1303/2021] granted liberty to the petitioner to file a representation before the NMC for redressal of his grievance and pursuant to the aforesaid order, a representation was submitted by the petitioner before the NMC. Counsel submits that the representation of the petitioner was sympathetically considered by the NMC and thereafter, the eligibility certificate has been issued on 29.07.2025. Counsel submits that under these circumstances, a direction be issued to the respondent No. 3-National Board of Examination (for short, ‘the NBE’) to declare the result of the petitioner for FMG Examination, 2020. 4. Counsel appearing on behalf of the respondents have not controverted the submissions made by counsel for the petitioner. 5. Considering the factual aspect of the matter and the submissions made by counsel for the respective parties, this Court deems it just and proper to dispose of the instant writ petition in light of the subsequent events which have occurred during the pendency of this writ petition where eligibility certificate has been issued in favour of the petitioner by the NMC. Hence, the NBE is directed to declare the result of the petitioner for FMG Examination, 2020 forthwith without any further delay within a period of fifteen days from the date of receipt of the certified copy of this order. 6. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/149